I will try to keep the reply short but this is becoming a very complex issue at this point.

The supreme court effectively ruled that no state can discriminate - it's an all or nothing scenario. Either we will win and get direct shipping, or we will lose and become like New Jersey and have no shipping allowed at all. It is up to the Legislature now to authorize out of state wineries to ship in.

Should the Legislature not act (before the end of session--June 24), then it is very likely that the second circuit will step in and decide which section of NYS law to strike. They will either strike the prohibition on out of state wineries shipping alcoholic beverages into NY without going thru a distributor (our preferred option and one which would mandate further leg./rules to develop a regulatory framework for tax collection/minor protection) OR and it's a big OR the second circuit can strike the provision in NYS law (farm winery act is part of it, as is the licensing scheme for a commercial winery) which allows for intrastate shipment.

Here's the deal -
1) if the Legislature passes legislation allowing intertate wine shipments, the second circuit court will simply review it for consistency with the supreme court decision and we are fine. There may be minor technical issues that come up but all will be well.

2) if the Legislature doesn't act we completely roll the dice with the second circuit.

It is the feeling of most the no one in NY (gov, legislature, industry) wants to go the way of the second circuit as there is too much at risk.

Who is holding this up? It seems that there are so many messages/ideas floating about that no one can reach agreement as to what the legislation should look like.

Even the wineries are sending mixed messages with some in agreement with the 2 case limit/month, and others strongly opposed. As you know there is no statewide NYS wine organization so the industry is not represented by a single voice.

The "suspected" opposition is coming from some of the larger NY distributors who don't want the game to change.

The retailers seem to be in the same quandry as the wineries--some for, some against--and then there is the question of whither beer and spirits are inclued in the interstate shipping legislation.

And as always there is the ole threat of intimidation which in the past has been very real in many cases.

There is a legisative lobbying day scheduled in Albany on June 8. It will be interesting to see who is there and what is said. Thomas you should join the group with you pad and pencil as it should provide lots of fodder for future articles/editorials

What group is that, and who's in charge? Fuuny, no one thought of letting me know.

As for distributors and all that in NY, I remember when I worked in sales for Prejean Winery. Our distributor found out that the owner of the winery had lobbied for wine shipping legislation. I was meeting in the office of the distributor's sales manager when the distributor company's owner came in, threw me out and removed Prejean Winery from the company's roster. Intimidation? I'd say so.

The effort is being organized by the Farm Bureau Group--Julie Suarez. At this point details appear to be a bit sketchy although I understand that the goal is to have a least 44 (don't know why this number) winery owners are present. I suspect the reason that you have not heard much about this is that it is a Farm Bureau initiative and they usually do not make contacts outside their membership, although they are good with the press--perhaps Julie is not aware that you are writing articles regarding the wine and grape industy. I will keep you in the loop and advise Julie of your interest if you wish.